Muutke küpsiste eelistusi

E-raamat: Formation of Professional Identity: The Path from Student to Lawyer [Taylor & Francis e-raamat]

, ,
  • Formaat: 146 pages
  • Ilmumisaeg: 01-Oct-2019
  • Kirjastus: Routledge
  • ISBN-13: 9781315624686
Teised raamatud teemal:
  • Taylor & Francis e-raamat
  • Hind: 161,57 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Tavahind: 230,81 €
  • Säästad 30%
Formation of Professional Identity: The Path from Student to LawyerSuurem pilt
  • Formaat: 146 pages
  • Ilmumisaeg: 01-Oct-2019
  • Kirjastus: Routledge
  • ISBN-13: 9781315624686
Teised raamatud teemal:
Taylor & Francis e-raamatudRohkem infot Taylor & Francis e-raamatute kohta
Raamatu kodulehekülg: https://www.taylorfrancis.com/books/9781315624686

In this book, the authors describe in depth the six virtues that every lawyer needs as part of his or her professional identity. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to flourish as individuals and make a meaningful difference in the lives of others.



Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self – the student’s nascent professional identity – needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer’s professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.

Preface xiii
Acknowledgements xv
1 Introduction and overview
1(12)
Law school and the traditional values of the legal profession
1(1)
Law schools and the transmission of values
2(3)
Socialization by fear of discipline
2(1)
Socialization by aspiration: the modern professionalism movement
2(1)
A third way: the cultivation of professional identity
3(2)
The six virtues of the professional lawyer
5(3)
The virtue of competence
5(1)
The virtue of fidelity to the client
6(1)
The virtue of fidelity to the law
6(1)
The virtue of public spiritedness
7(1)
The virtue of civility
7(1)
The "master virtue' of practical wisdom
8(1)
The conditions necessary for professional identity development
8(2)
Conclusion
10(1)
Discussion questions and problems
10(1)
Reference list and suggested readings
10(3)
2 Motivation and professional identity
13(12)
Introduction
13(1)
Well-being among lawyers and law students
13(1)
Self-determination theory, professional identity, and well-being
14(4)
The needs, values, and motivations of SDT
14(1)
SDT and professional identity formation
15(1)
Empirical evidence relating to professional identity and well-being
16(2)
Virtue ethics
18(3)
Convergence between SDT and virtue ethics
21(1)
Conclusion
21(1)
Discussion questions and problems
22(1)
Reference list and suggested readings
23(2)
3 Competence as a professional virtue
25(18)
Introduction
25(1)
What does "competence" mean for lawyers?
25(3)
The requirements of Model Rules 1.1 and 1.3
25(1)
Knowledge
26(1)
Skill
26(1)
Diligence
26(1)
Beyond the Model Rules of Professional Conduct
27(1)
Judgment
27(1)
Emotional intelligence
27(1)
Cultural competence and inclusive thinking
28(1)
What gets in the way of lawyer competence?
28(4)
Excessive caseloads
28(1)
Fear of inadequacy or unpleasant tasks
29(1)
Lack of mentoring
29(1)
Over-emphasis in law school on legal knowledge and technique
30(1)
Personal problems, mental illness, and substance use
30(1)
Inadequacy of external enforcement of the duty of competence
30(2)
Implicit bias
32(1)
Strategies for cultivating the virtue of competence
32(6)
Cultivate a habit of honoring commitments
32(1)
Responsibly manage workload and financial obligations
33(1)
Commit to well-being and self-care
34(1)
Develop skills of emotional intelligence, cultural competence, and inclusive thinking
35(1)
Develop resilience and grit
36(1)
Cultivate habits of reflection and self-awareness
37(1)
Use your experience to continue to develop your legal judgment
37(1)
Remember to focus on the rewards of developing and maintaining competence
38(1)
Conclusion
38(1)
Discussion questions and problems
39(1)
Reference list and suggested readings
40(3)
4 Fidelity to the client as a professional virtue
43(16)
Introduction
43(1)
What does "fidelity to the client" mean?
44(3)
Lawyers as fiduciaries of clients
44(1)
Fidelity to the client in the Model Rules of Professional Conduct
45(1)
Confidentiality
45(1)
Loyalty--avoiding conflicts of interest
45(1)
Communication
46(1)
Counseling and advice
46(1)
Fees and client property
47(1)
What causes lawyers not to display fidelity to the client?
47(5)
The ability to cheat on legal fees
47(1)
Extreme financial pressures
48(1)
Mental illness and substance use
49(1)
Pandering to a third-party payor rather than the client
49(1)
Fear
50(1)
Special considerations in representing individuals
50(1)
Special considerations in representing organizations
51(1)
Self-interests other than money interfering with fidelity to the client
52(1)
Strategies for cultivating a professional identity that includes a disposition toward fidelity to the client
52(4)
Cultivate a fiduciary disposition of putting others first
52(2)
Financial expectations and prudence
54(1)
Remember the "internal goods" of the practice of law
54(1)
Be sensitive to organizational expectations and ethos
55(1)
Cultivate self-awareness
55(1)
Imagine what a moral exemplar would do
56(1)
Conclusion
56(1)
Discussion questions and problems
56(1)
Reference list and suggested readings
57(2)
5 Fidelity to law as a professional virtue
59(14)
Introduction
59(1)
What does "fidelity to the law" mean?
60(5)
The duty to assert only meritorious claims and contentions
60(1)
The duty to expedite litigation
61(1)
The duty of candor
62(1)
The duty not to counsel or assist a witness to testify falsely
62(1)
The duty not to assist with crimes or frauds
63(1)
The general duty not to unlawfully impede access to evidence
64(1)
Specific duties relating to fruits, instrumentalities and evidence of client crime
64(1)
The criminal law generally
65(1)
What gets in the way of fidelity to the law?
65(2)
Excess commitment to a client or cause
65(1)
Fear
66(1)
"Everyone does it this way"
66(1)
"No one will ever know"
67(1)
Strategies for cultivating a professional identity that includes a disposition toward fidelity to the law
67(3)
Develop self-awareness of your motivations
67(2)
Practice saying "no" and strive for economic autonomy
69(1)
Surround yourself with reminders of your commitment to the law and with people who share it
69(1)
Conclusion
70(1)
Discussion questions and problems
70(2)
Reference list and suggested readings
72(1)
6 Public spiritedness as a professional virtue
73(14)
Introduction
73(1)
What does "practicing in a spirit of public service" mean for lawyers?
74(6)
Ensuring access to justice: equal justice under law
74(1)
Access to justice and the justice gap
74(2)
The responsibility to perform pro bono service
76(1)
Other ways of closing the justice gap
77(1)
Representation of unpopular causes and clients
77(1)
Self-regulation of the profession
78(1)
Improvement of the law
79(1)
What causes lawyers not to practice in a spirit of public service?
80(2)
Time demands
80(1)
Succumbing to the temptation to protect ourselves
81(1)
Other barriers
81(1)
Strategies for cultivating a professional identity that includes a disposition to public service
82(2)
Represent a client pro bono even if you are reluctant to do so
82(1)
Interview a public defender, prosecutor, or legal services lawyer about his or her work
83(1)
Read about lawyers who have served the public
83(1)
Become involved in your local or state bar association
84(1)
Conclusion
84(1)
Discussion questions and problems
84(1)
Reference list and suggested readings
85(2)
7 Civility as a professional virtue
87(16)
Introduction
87(1)
What does "civility" mean for lawyers?
88(4)
Courtesy
88(2)
Cooperation
90(1)
Honesty
91(1)
Fair play
91(1)
What causes lawyers to be uncivil?
92(5)
Strategic incivility
92(1)
Client expectations and increased competition
93(1)
Lack of formal or informal sanctions for incivility
94(1)
Reflexive or retaliatory incivility
94(1)
Lack of (or the wrong kind of) mentoring
95(1)
The general decline of civility in our society
96(1)
Strategies for cultivating a disposition toward civility
97(2)
Begin practicing courtesy and cooperation in law school
97(1)
Do not be surprised, angered, or distracted
97(1)
Observe the formalities
97(1)
Make the record
98(1)
Refuse to be provoked
98(1)
Clarify and manage supervisor expectations
98(1)
Manage client expectations
98(1)
Conclusion
99(1)
Discussion questions and problems
99(1)
Reference list and suggested readings
100(3)
8 Practical wisdom as a professional virtue
103(16)
Introduction
103(5)
What is practical wisdom?
103(3)
Practical wisdom is the "master virtue"
106(1)
Practical wisdom is the movement between the general and the particular
106(1)
Practical wisdom is dependent upon other virtues
107(1)
Practical wisdom is expert judgment
108(1)
Challenges to practical wisdom
108(2)
A culture of speed
108(1)
The tyranny of rules
109(1)
The corruption of incentives
109(1)
Strategies for cultivating practical wisdom
110(5)
The habit of reflection
111(2)
The habit of learning from others: mentors and role models
113(2)
Conclusion
115(1)
Discussion questions and problems
115(3)
Reference list and suggested readings
118(1)
9 Professional identity and the future of the legal profession
119(10)
Introduction
119(1)
Technology
120(2)
Using technology to help and protect your clients
120(1)
Technology and the delivery of legal services
120(1)
Technology and new risks of incivility
121(1)
Globalization
122(1)
Preserving the rule of law
123(1)
The enduring roles of practical wisdom and professional identity
124(1)
Conclusion
125(1)
Discussion questions and problems
126(1)
Reference list and suggested readings
126(3)
Index 129
Patrick Emery Longan is William Augustus Bootle Chair in Ethics and Professionalism in the Practice of Law at the Mercer University School of Law and Director of the Mercer Center for Legal Ethics and Professionalism. Professor Longan is a graduate of Washington University, the University of Sussex, and the University of Chicago Law School. Professor Longans work relating to professionalism and professional identity has been recognized by his receipt of the 2005 National Award for Innovation and Excellence in Teaching Professionalism and by the Mercer Law Schools receipt of the 2014 E. Smythe Gambrell Professionalism Award.

Daisy Hurst Floyd is University Professor of Law and Ethical Formation at Mercer University School of Law, where she served as Dean from 2004 to 2010 and again from 2014 to 2017. Her teaching and research interests include Ethics, Legal Education, Civil Procedure, and Evidence. She has a particular interest in the ways in which higher education shapes students ethical development and in cross-disciplinary collaborations. Professor Floyd was named a Carnegie Scholar by The Carnegie Foundation for the Advancement of Teaching in 2001 in support of her research on the development of professional identity among American law students. She received her BA and MA from Emory University and her JD from the University of Georgia School of Law.

Timothy W. Floyd is Tommy Malone Distinguished Chair in Trial Advocacy and Director of Experiential Education at Mercer University School of Law. In addition to supervising clinical and externship programs, he has taught courses in legal ethics, criminal law, civil procedure, legal skills, law and religion, and human rights. He has published two books and is the author of numerous articles in the area of legal ethics, law and religion, criminal law, and the death penalty. While teaching at several law schools in his career, he has represented persons facing the death penalty and worked to insure access to justice for all in civil cases. He received his BA and MA from Emory University and his JD from the University of Georgia.
Püsilink: https://www.kriso.ee/db/9781315624686_pe.html
Märksõnad: